Website accessibility lawsuits trace back to 1990, when the Americans with Disabilities Act (ADA) became one of the most important pieces of civil rights legislation. This act was created to raise the model for public accommodation, especially for physically challenged users. The rapid technological development and the immense popularity of the Internet provoked the question of whether the ADA applies to websites, and website accessibility lawsuits soon answered it. In the past couple of years, experts have noticed how ADA plays a significant role in the prevention of discrimination based on the physical disability of the users. However, the more crucial concern is how website accessibility lawsuits can affect a business.
Going by the numbers, every year since 2017 has seen an increase in website accessibility lawsuits against business websites that failed to meet the requirements of the ADA. For instance, in 2017 approximately 814 federal website accessibility lawsuits were filed; by 2023 the count had passed 4,000 a year across federal and state courts.
However, before we proceed to identify the targets of current website accessibility lawsuits, understanding the actual mission and overview of the ADA is essential.
Broad Understanding of ADA
In the age of modern usages of the Internet, the ADA regime is very genre-specific. Additionally, there was no particular suggestion about the laws which can get implemented to website accessibility. However, the scope of interpretation is broader, and this is where website accessibility lawsuits can arise at any moment.
This became all the more clear when there was a hint in 2000 from DOJ (The Department of Justice), and fact became prominent how ADA can get applied to websites although there was no specific regulation. After almost a decade, in 2008, the tech community decided to invest in protection from probable future litigation and created a set of guidelines which is currently called the Web Content Accessibility Guidelines –WCAG.
These rules and guidelines are mainly used to expedite and complete the projects of designers and developers. Along with these, a fact needs to get mentioned, and that is DOJ has not yet adopted the guidelines formally or introduced any bill to relate the instructions.
Why Should Web Developers Worry About Website Accessibility Lawsuits?
In recent years, experts noticed how website accessibility lawsuits have targeted businesses irrespective of industry. For instance, Domino’s Pizza and Dominos.com have faced complications. According to the lawsuit, both the websites and the respective web developers are considered to be defendants for forming the sites.
A particularly recent case might make the explanation simpler. In January 2018, claim holder Juan Carlos Gil filed an ADA case. The lawsuit is against the management corporation of Wet Willies, which is the owner of the Wet Willies chain of bars, Sabre technologies and the respective website developers. According to the claimant, he is a visually challenged person and uses the screen reader software to access the internet.
However, he could not access the website of Wet Willies as the website did not meet the website accessibility standards as per the website content accessibility guidelines 2.0 (WCAG rules). He stated how the site is not adequately designed and thus not accessible by the entire disable people community. In the lawsuit, Gil referred both the business and its website developers accountable for the violation of the ADA.
However, as it turned out, the management of Wet Willies called out the web developers as the main accused of causing inefficiency in accessing the website. If this lawsuit turns out to be successful, then it can be enough of a reason for future web developers to be aware of how defying the ADA rules and guidelines might lead to significant consequences. It will be an exemplary situation that would define the shift in the responsibility of the web developers to design and manage the approachability of the websites.
It is thus safe to say that web developers should get worried about their area of competence and perform a bit more seriously to provide excellent website accessibility, or WordPress accessibility, right from the start of a project, because website accessibility lawsuits can end in heavy compensation. This is why it is wiser to have a partnership or consulting firm that would have professional accessibility experts. A link-up with the legal firms is very beneficial as they offer competent advice to understand and overcome the risk of being sued.
What to Do Next if You Are Alleged of Violating ADA?
There might be a point when you need to face these kinds of challenges and interruptions in your business. It is a common concern; however, you need to take care of the situation in the appropriate way, which otherwise can raise many other disruptions soon. If you receive a demand letter or one of the website accessibility lawsuits alleging an ADA violation, the first thing you should do is carefully check the contacts to counteract the protections and your responsibilities.
Simultaneously, it would be best if you started to take action to mitigate your liability. You can adjust the condition by looking at the compliance plan properly and under an apt timeline. Eventually, the entire regime should get expedited under the guidance of legal firms and accessibility experts.
All the business administration should offer equal opportunity to the user and must take care of the basic fact that there should be no discrimination based on religion, caste, sex or any form of physical disability.
Website accessibility lawsuits: frequently asked questions
How many website accessibility lawsuits are filed each year?
More than 4,000 a year in the United States since 2021, counting federal ADA Title III cases and state filings such as those under California’s Unruh Act and New York law. New York, California and Florida account for most of them, and e-commerce sites are the most common targets.
Who gets sued in website accessibility lawsuits?
Mostly businesses that sell to the public: retailers, restaurants, hotels, banks, healthcare providers and universities. Around three-quarters of defendants are small or medium businesses, and companies are regularly sued a second time if they settle without fixing the site.
Can a web developer or agency be named?
Yes. As the Wet Willie’s case above shows, plaintiffs sometimes name the developer alongside the business. Contracts increasingly include accessibility clauses for this reason, and agencies that build to WCAG 2.1 AA from the start protect both themselves and their clients.
What should I do first if I receive a demand letter?
Do not ignore it, and do not reply on your own. Get an accessibility audit of the site immediately, engage a lawyer with ADA experience, and start fixing the listed barriers. Documented remediation is the strongest position in website accessibility lawsuits.
How can I avoid website accessibility lawsuits altogether?
Audit against WCAG 2.1 AA, remediate, publish an accessibility statement with a working contact, and re-test after every redesign. See how a complete audit and remediation runs in our web accessibility case study.
Bottom Line
So, if you are a web-developing service provider or a business owner and need to get a brighter outlook on the discussed points, Anblik is more than happy to assist you. Our senior-level experts will help you learn more about the website compliance guidelines. We can also offer you a free scan and grade report, which will show all the required measures and reduce the risk factors of your website’s performance against WCAG 2.0 guidelines.
Get a free 30-minute consultation about your website’s accessibility from the Ananyoo team to get going!
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